International Combating The Crimes Harming The Economic Development Of States

Besides the deprivation of freedom states should apply the fines and confiscation. The opportunity of application to guilty of such measures, as treatment, reclaiming, restoration of work capability, social reintegration (item 4 of an article 30) is fixed.

Here are listed the following aggravating circumstances: the organized group, application of the weapon, violence, involving in criminal activity of the minors, and also previous conviction(s), especially for a similar offence.

Also there is typical instruction which determines that the states in necessary cases establish long terms of punishment for considered crimes. The Convention has a special article of «extradition» (article 6).

The mutual legal help in investigation and proceeding of criminal cases detailed  is also described.

The Viennese UN’s international Convention obliges the states-participants to harmonize the national legislative norms in conformity with the rules of this Convention. (article 3). It assumes to approach the norms of national and international legislation maximally in order to  establish the uniform responsibility for dealing with an illegal turn-over of narcotic means and psychotropic substances.

Necessity of acceptance of the given measure on my sight  has been caused by the following objective reasons. Firstly, in the majority of countries of the world there is no uniform complex and comprehensive legislation and criminal policy concerning drugs in national legal systems.

Secondly, the national criminal doctrine of the  developed states relating to the drug addiction is focused less punishable, than in the developing countries.

Thirdly, the legislation of significant number of the states takes under the control only so-called natural drugs and it appears unable to control psychotropic substances. In the rare cases, when such control occurs, it is carried out not by means of criminal law, but by the norms of administrative law which frequently have blurred formulations, insufficient for strict and specific control.

Fourthly, in the legislation of the majority of countries there is no uniformity in a terminology in classifications of drugs, in definition of crimes and other offences, in establishment of punishment, and also in details of administrative and judicial procedures and etc.

This international Convention has played an important role not only in elimination of these defects of the national legislation in combating an illegal turn-over of narcotic substances, but also has introduced the worthy contribution to its systematization.

The UN Commission on narcotic substances on its plenary meeting 29.01.1990 adopted the decision on updating the List of the Uniform Convention on narcotic means 1961 by new kinds of narcotic means and the list of the UN Convention on psychotropic substances 1971 - psychotropic substances. These substances were also defined in the national legislation of a number of the states - members of the Convention 1988. The similar changes continued to occur.

Characteristically, that the person, voluntarily returned drugs, is released from the criminal liability for their purchase, storage, carriage and transfer the storage, carriage and transfer of consumed narcotic means.  Is not pursued in criminal order and person who voluntarily has applied to medical establishment to get  the medical assistance in connection with consumption of drugs in  nonmedical purposes.

Counterfeiting is the most ancient international criminal offence. It has emerged simultaneously with replacement of natural commodity with money. From ancient times not only separate persons, but also states were engaged in counterfeiting, which by similar actions tried to undermine economy of other states to weaken them and to achieve victory in war.

Such actions made Napoleon Bonapart towards Russia during the preparation of his 1812 campaign. Also widely known the facts of manufacturing of Great Britain’s pounds by fascist Germany the Second world war. The counterfeit money and  securities are used and as the means of undermine of developing states economy. For example, in 1967 in Paris was found out the underground factory which printed the notes of the Republic of Zaire. And the French police confiscated money to the sum equal to 15 million francs.

According to the information of Interpol, only for period from 1946 to 1972 this organization managed with the help of police of other countries to find out and to classify about 6 million  counterfeit money  and securities in 89 countries of the world.

However experts consider, that even these on the scales do not correspond to reality. Cases of  counterfeiting  are much more greater, and not all of them get in a field of vision of police and revealed.

These crimes are made  by well organized groups supported sometimes by the representatives of corrupt authorities. In 1968, for example, was  exposed the group of international criminals including more than hundred persons.

They forged American dollars and traveler’s cheques with the signature of 26 most known banks from various countries of the world. The centre of organization was in Latin America, and one of branches — In Italy.

The false checks and dollars were distributed through «tourists» on all continents of globe. Soon in vicinities of Bologna in Italy was found out the printing house, which polygraphic equipment was evaluated in 50 million  Italian liras. The accomplishes of this criminal «syndicate» were arrested and are condemned in many countries of the world.

According to the information of  Interpol most frequently forged note is - (about 80 %) American dollars because of their universal use. 100 dollar notes are most frequently forged. As an answer-back measure, for maintenance of stronger protection from a fake, American authorities in 1996 manufactured new 100 dollar note with additional levels of protection.

Currency is the basis of  the state economic system and it is  important that the public remains confident with its money. Therefore it is essential to combat this type of criminality on a daily basis.

The necessity of international cooperation to struggle against these crimes has resulted in the conclusion the Geneva Convention on combating counterfeit money.

The state-participants have undertaken the obligations not to make distinctions between counterfeit own or foreign money and  securities and with identical severity punish criminals. It was announced as an extraditional international criminal offence.

Therefore all countries — participants of the convention should assist the states in search and returning of the absconded manufacturer, trader of counterfeit money or their accomplices. From 1931 to 1995 within the framework of requests of an article 12 of Geneva convention eight international conferences on coordination of activity of the states, largest banks and emission institutions in combating these crimes had been conducted.

To token moneys the Convention carries only circulating  paper money and metal coins.

The state-participants have agreed strictly to punish:

1) All illegal actions on manufacturing or change of token moneys, whichever there was a method used for achievement of this result;

2) swindling;

3)  actions addressed to sale, import in the  country or reception, or raising for itself of counterfeit token money, in condition that their false character was known;

4) attempts on these offences and actions on deliberate partnership;

5)  illegal actions  on manufacturing, reception or purchase for itself of instruments or other subjects intended on the nature for manufacturing of false token moneys or for change of token moneys (an article 3). The citizens of the country and person living on its territory, who are guilty in counterfeiting of internal and foreign token moneys should be engaged to the criminal liability.

According to an article 12 of the Convention inquests on such businesses are conducted within the framework of national criminal legal proceedings by Central Office, which works in close cooperation with banking establishments, police and similar bodies of other countries.

It allows to centralize in scale of the state all items of information able to facilitate search, suppression and preventive maintenance of these crimes. Now all questions of international cooperation in considered sphere of the international relations are assigned to the  Interpol.

At the same time lot of norms of the Convention are obsolete, and its text requires essential updating.

First of all it concerns to expansion of concept of «token moneys». Fakes of the bills, letters of credit, cheques marks of a postage and other securities are widespread today. However in the Convention such offences are not considered as criminal. That mostly  can be told about a counterfeit of token moneys which are not taking place in circulation, and about exportation of fake money abroad. These disadvantages of the Convention are compelled to fill national norms of the criminal legislation, and also bilateral agreements.

The cooperation of the states in the field of struggle against crime is conducted in several directions:

-         Recognition of danger for community of the states certain criminal offences and necessity of application of joint measures for their suppression. Those can be except crimes considered in the present work terrorism, hijacking, illegal trade  of people, etc. The public danger of these crimes is determined in the international agreements.

-         Rendering assistance in searching of the offenders, hiding on the territory of another state. There are two possible ways of realization - through diplomatic  missions and by direct communication between law-enforcement agencies. It is necessary to note the expansion of this direction of cooperation: if before the state addressed to specific country with the request for search or  extradition of a criminal, now this search is conducted in world scale, and the search is conducted not only on absconded criminal, but also on stolen property. With the purpose of simplification of search the informational exchange is carried out sometimes.

-         Help in reception of necessary materials on criminal case(s). In case of fulfillment of a crime or commitment  in several countries or commitment of its part in other state and etc. the witnesses and material proofs can be found in the other state. To receive these materials it is necessary to conduct consecutive actions abroad, that is carried out by sending of the appropriate separate assignment (commissions rogatoires). It can be the assignment to interrogate the witness, to make survey of a place of incident and etc. The agreement defines, what kind of the assignment can be given to the appropriate agency of other state. An agency, which should execute this assignment is guided by the national norms, for want of it the answers to all questions, delivered in the assignment.

-         Rendering the practical help to the separate states in solving the problems of criminality, studying these problems. This kind of the help is expressed in direction of the experts to countries called to render the specific help to define  main directions of struggle against criminality, to give the recommendations for organization correctional of system etc.).

-         Study of problems of criminality and struggle against it. On order to  do it the international congresses, conferences, international organizations, research institutes are organized.

-         Informational exchange. The states frequently agree to grant each other information necessary for successful realization of a consequence and capturing of a criminal, and also other information of criminal character. Also they carry out exchange of information about the sentences concerning the citizens of one country. As a rule such exchange of the information occurs annually.

 The international cooperation of the states is conducted in the following forms:

-         The conclusion of the international agreements. These are the agreements on rendering of the legal help, extradition of criminals, recognition criminality of  certain  offences and etc.

-         Use of international organizations. The states with the purposes of cooperation create universal organizations (UN), regional (ASL, OAU), specialized establishments of the  UN (ILO, WHO), create special organizations (Interpol); Besides in this process also equally participate interstate and non-governmental agencies (International Association of criminal Law, International association of the lawyers -  democrats).

Legal bases of cooperation of the states are universal conventions, multilateral agreements or regional conventions, bilateral agreements, activity of international organizations on combating crime.

The section about the legal help on criminal cases consists of three parts:

- Extradition (Convention’1988 articles 56-71)

- Realization of criminal prosecution (article 72-77)

- Special rules about the legal help on criminal cases (article 78-80)

The  part of extradition defines the procedure of extradition, rights and responsibility of competent agencies of the agreeing states is certain(determined). So, for example, agreeing parties obliged according to conditions stipulated by the present Convention, to demand extradition of persons who reside on the territory of other agreeing party, to engage them to the criminal liability or for serving of a sentence (article 56).

Conditions of the responsibility of extradition are:

1. For engagement to the criminal liability it is necessary, that in the criminal legislation of the requesting and required party is determined, that offence as punishable and for which commitment the deprivation of freedom not less than one year or heavier punishment is provided;

2. For execution  of a sentence it is necessary, that in the criminal legislation of the requesting and required party is determined, that offence  as punishable and for which  commitment the deprivation of freedom not less than six months or heavier punishment is provided.

           The extradition is not made, if:

        a) the person, which extradition is required, is the citizen of the required agreeing party; In this case, criminal case will be sent to competent agencies of the required agreeing party for realization of the further criminal prosecution.

        b) at the moment of receiving of a request the criminal prosecution according to the legislation of the required agreeing party cannot be processed or the sentence cannot be executed because of the  expiration  of terms of prescription or on other legal basis;

        c) concerning the person, which extradition is required, on territory of the required agreeing party for that crime the sentence had been passed or decree on dismissal entered into legal force;

        d) the crime according to the legislation of the requesting or required agreeing party is pursued by way of the private charge (by application of aggrieved). (article 57 item1)

       In extradition can be denied, if the crime, in connection with which the extradition is required, was accomplished on territory of the required agreeing party. (article 57 item 2)

      Also criminal case can be returned when it does not correspond to the requirements of the given Convention.

After passing the decision the required agreeing  party should notify the requesting agreeing party about the sentence and to send a copy of the sentence to the requesting  agreeing party. (article 74)

           Besides, the part 3 of the unit about the legal help on criminal cases contain definitions about transfer of subjects important in criminal case (material proofs, instrument of a crime etc.) (article 78), and also transfer to other agreeing parties of the judicial information, information on the sentences entered in legal force passed by courts of one agreeing party concerning the citizens of other agreeing party, simultaneously remitting available condemned  fingerprints. And each of the agreeing parties gives to other agreeing parties at their request information of a previous conviction of the persons condemned earlier by courts, if these persons are involved in the criminal liability on territory of the requesting Contract (item 79).

International Crime. The development of increasingly sophisticated facilities for rapid travel has made it far easier for criminals to move around the world. At the same time, the complex structures of modern societies and the constant growth of international exchanges provide more and more opportunities for international criminal activity, which has now reached alarming proportions.

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